(a) No person who is convicted of, is found guilty or pleads guilty to a felonious sexually oriented offense or a felonious child-victim oriented offense after the effective date hereof shall establish residency, or shall occupy residential premises within 1,000 feet of any school premises, preschool or child day-care center premises.
(b) Whoever violates division (a) above is guilty of a misdemeanor of the fourth degree. Each day that a violation of division (a) above occurs shall be considered a separate offense.
(c) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CHILD DAY-CARE CENTER.
Has the same meaning as in Ohio R.C. 5104.01.
(2) PRESCHOOL.
Any public or private institution or center that provides early childhood instructional or educational services to children who are at least three years of age but less than six years of age and who are not enrolled in or are not eligible to be enrolled in kindergarten, whether or not those services are provided in a child day-care setting.
PRESCHOOL
does not include any place that is the permanent residences of the person who is providing the early childhood instructional or educational services to the children described in this definition.
(3) PRESCHOOL OR CHILD DAY-CARE CENTER PREMISES.
All of the following:
A. Any building in which any preschool or child day-care center activities are conducted if the building has signage that indicates that the building houses a preschool or child day-care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
B. The parcel of real property on which a preschool or child day-care center is situated if the parcel of real property has signage that indicates that a preschool or child day-care center is situated on the parcel, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply; and
C. Any grounds, play areas, and other facilities of a preschool or child day-care center that are regularly used by the children served by the preschool.
(d) Except for the provisions of § 1350.06 of the codified ordinances entitled “Eviction of tenant allowing sex or child-victim offenders to occupy premises near school”, to the extent that a person described in division (a) above has entered into a rental or lease agreement prior to the effective date of this section, then the prohibition on residing within 1,000 feet of certain institutions shall not apply to such person until the termination or expiration of such rental or lease agreement, and no such rental or lease agreement shall be renewed beyond its term that expires after the effective date hereof. Nothing provided in this division (d) shall be constituted to limit, abrogate or diminish any other lawful remedy or action as set forth in Ohio R.C. 2950.034 or any other remedies provided by law.
(R.C. § 2950.034) (Ord. 46-11, passed 12-6-2011) Penalty, see § 533.99